e-Journal

02-25

Legislative News

The MBA files brief in appeal of REBA v. N.R.E.I.S decision

The Massachusetts Bar Association
filed an amicus curiae brief in the United States Court of Appeals
in support of the Real Estate Bar Association (REBA), which is
appealing the April 2009 ruling of Judge Joseph L. Tauro's decision
in Real Estate Bar Association for Massachusetts v. National
Real Estate Information Services, Inc. (NREIS).

REBA brought suit against NREIS arguing that the defendants
engaged in the unauthorized practice of law by performing real
estate conveyances and issuing title insurance. In his ruling,
Tauro sided with NREIS limiting the role of lawyers in residential
real estate closings. He also sided with NREIS in their
counterclaim that REBA's interpretation of the unauthorized
practice of law issue violates the United States Constitution's
Dormant Commerce Clause, and awarded fees and costs to NREIS
totaling over $900,000.

The MBA believes that due to its order granting summary judgment
for the defendants, the district court adopted a definition of the
practice of law which is contrary to the policy of the
commonwealth.

Although the MBA's arguments centered on support of REBA's claim
that Tauro erred in his determination that NREIS is not engaged in
the unauthorized practice of law, the MBA also supports the appeal
of Tauro's order on legal fees. The MBA believes that the REBA suit
was not state action and the imposition of liability on REBA under
42 U.S.C. § 1983 penalizes the free exercise of the
constitutionally protected right to bring reasonably based claims
for judicial relief.

From top to bottom: Patti A. Prunhuber of Legal Assistance Corp. of Central Massachusetts; Thomas E. Kosman of South Coastal Counties Legal Services Inc.; Michael P. Angelini of Bowditch & Dewey LLP; Beth L. Eisenberg of Committee for Public Counsel Services; Michael C. Connolly of the Norfolk County District Attorney's office; Fish & Richardson PC of Boston.
Photo of Prunhuber by Merrill Shea. All other photos by Jeff Thiebauth.

Access to Justice award winners announced

Reserve a table or buy a ticket for the Access to Justice Awards Luncheon on March 12

Five attorneys and one law firm will be honored at the
Massachusetts Bar Association's Access to Justice luncheon on
Friday, March 12, as part of the MBA Annual Conference 2010.

The Access to Justice awards are bestowed upon those attorneys and
law firms dedicated to helping others and enhancing the legal
profession.

"The MBA has the distinct honor of recognizing Massachusetts
attorneys who selflessly devote their expertise and energy to
represent the most vulnerable of our citizens," said MBA President
Valerie A. Yarashus, who designated access to justice as a
prominent theme of her presidential term.

Juvenile & Child Welfare open meeting; Municipal Tax & State Tax Practice Groups; Public Law Section Council open meeting

Juvenile & Child Welfare open
meeting

The Juvenile & Child Welfare
Section Council is hosting an open meeting and all section members
are invited to attend. The guest speaker will be Valerie Lovelace
Graham, regional director for Central Massachusetts Department of
Children and Families. Graham will speak on a range of topics
including permanency for aging out youth.

Municipal Tax and State Tax
Practice Groups

Thursday, March 4, 5-6:30
p.m.
MBA, 20 West St., Boston

The Municipal Tax Practice Group and
State Tax Practice Group are sponsoring a joint open meeting
featuring guest speaker Thomas W. Hammond Jr.,
chairman of The Appellate Tax Board. Please save this date - more
information regarding this meeting will be announced in the
future.

Public Law Section Council
open meeting

Tuesday, March 9, 5:30-7
p.m.
MBA, 20 West St., Boston

Senate Counsel Alice
Moore and Administration and Finance Counsel David
Sullivan will discuss the legislative process and how
public attorneys can effectively interact with counsel at the state
house. Attorneys Moore and Sullivan will review the "mysteries" of
the legislative and executive branches as to how a bill advances on
the hill, from filing to committee assignment, committee hearings,
votes by the two branches of the legislature, reconciliation, final
passage and approval by the governor. They will give pointers on
pitfalls to avoid when drafting legislation, effective
presentations to legislative committees, and how to assist your
clients in the legislative process. They will also review the
procedures and pitfalls for requesting special legislation for
cities and towns, and discuss policies and executive orders that
affect special legislation.

the District of
Massachusetts

LPM Tip

Managing IOLTA checks and deposit slips

Try ordering your IOLTA checks in red to flag them as IOLTA. On
the front of the deposit slip booklets (that all look identical)
put red labels on the IOLTAs and green on the business slips. This
way, even though the accounts are labeled on the checks, there's an
additional safe guard in place to make sure you know which check or
deposit slip you are using. You can never be too careful when it
comes to safeguarding client funds.

For more helpful tips, join the MBA's Law Practice Management
Section. Call MBA Member Services at (617) 338-0530 to join.
To learn more about the Law Practice Management Section,
contact Co-Chairs Andrea
Goldman or
Rodney Dowell.

Upcoming CLE seminar and program schedule

Register for the "Business Development: The Art of Networking" luncheon roundtable

MBA Annual Conference 2010

The conference will include the MBA Gala Dinner on Thursday,
March 11 featuring a keynote address from Morris
Dees, founder and lead trial counsel for the Southern
Poverty Law Center and the presentation of the MBA's Legislator of
the Year Award to Massachusetts State Sen. Cynthia Stone
Creem.

Annual Conference 2010's CLE programming will include plenary
sessions as well as two continuous tracks on law practice
management and recent developments. The Access to Justice Awards
Luncheon will be held on Friday, March 12. Click
here to learn how to earn credit on Massachusetts professional
liability insurance and a full conference schedule, including a new
plenary session on how to Protect Your Firm and Client
Information: Compliance with the New Massachusetts Data Privacy
Laws.

To register for the
conference, click here. For a full conference schedule and
more information on table reservations and sponsorship
opportunities, click here or call
(617)-338-0530.

CASEMAKER WEBINARS

Want to learn more about the capabilities of Casemaker 2.1
straight from the source? Attend a complimentary Web training
session to review the enhancements and new functionality of
Casemaker 2.1 from the comfort of your home or office.

NOTE: You must
log into Casemaker to register for these Webinars.
Space is limited. Click here to reserve your place at a Webinar,
which take place every other Tuesday.

Tuesday, March 2, 11 a.m.

Tuesday, March 16, 11 a.m.

Tuesday, March 30, 11 a.m.

How to Use the Mortgage Discharge Statute
to Improve Your Real Estate Practice

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